PART II.

FIRMAUNS

ISSUED BY THE SHAHS OF PERSIA, GRANTING COMMERCIAL AND OTHER PRIVILEGES TO GREAT BRITAIN AND OTHER POWERS, &c. 1823-1890.

FIRMA UN of the Shah abolishing the Export Duty on Horses.July (August), 1823.*

(Translation.)

THIS auspicious Firmaun is issued to inform our beloved and renowned son, Hossein Ali Mirza, the Governor-General of Fars, that the British Agent at the Court has represented to our Ministers that the officers of the customs of Fars and the ports have commenced to exact a duty on horses purchased in Persia by British subjects for exportation to their own country. According to his statement this regulation did not formerly exist; and in consideration of the friendship between the two States which has rendered their interests inseparable, it is our wish in every respect to cultivate the present alliance; therefore our beloved son is ordered to give instructions, both with regard to horses and other property and goods belonging to British subjects, that no duties shall in future be levied on them, excepting such as long-established usages authorize.

You are enjoined to pay the fullest attention to the purport of this Firmaun, and not only to prevent the subjects of the British Government from suffering any injustice or molestation, but to extend them every protection and indulgence.

(L.S.) HIS MAJESTY FUTTEH ALI SHAH. Dated Zilkad, 1238, corresponding with July and August, 1823.

[In 1823 the relations between the British Government and Persia were transferred to the Governor-General of India, and an Envoy of the Governor-General was substituted for a Plenipotentiary of the Crown. (Aitchison's Treaties, Vol. 6, page 361.)]

From Aitchison's Treaties," Vol. 6, page 396.

FIRMA UN of the Shah of Persia permitting British Merchants to Trade with Persia on payment of the same Duties as those paid by Russian Merchants.—Received 5th May, 1836.*

(L.S.) The Seal of MOHAMMED SHAH.

WHEREAS the relations of friendship and amity between the powerful and dignified Governments of Persia and England are fixed upon the most perfect and firm basis; and whereas it is agreeable to the exalted character of His Majesty, that this friendship and amity should daily increase, and that mutual advantage should thence result; therefore, in the present auspicious year, and henceforth, according to this gracious Proclamation, we grant liberty and permission to the merchants of the British Nation, that, having brought their merchandize to the territorial possessions of Persia, they may dispose of the same in perfect security and confidence, and that they shall pay to the officers of Government the same public dues upon their goods as are paid by the merchants of the Russian Govern

ment.

In the month of Moohurrim, in the year of the Hegira 1252 (A.D. 1836).

[Here follow the Seals of the witnesses.] Received at the British Palace, Teheran, on the 5th of May,

1836.

Extract from Article III, relative to Commerce, of the Treaty between Russia and Persia of February, 1828.

10th 22nd

[Referred to in Firmaun of 5th May, 1836.]

* *

seront

IL est convenu que les marchandises importées en Perse, ou exportées de ce Royaume par les sujets Russes, soumises, comme par le passé, à un droit de 5 pour cent perçu fois pour toutes, à leur entrée et à leur sortie, et ne seront assujetties ensuite au payement d'aucun autre droit de Douane.

une

FIRMAUN issued by the Shah for the Protection of the Servants and Dependants of the British Mission.-15th September, 1839.†

(Translation.)

ON account of the friendship subsisting between the two

*From "State Papers," Vol. 24, page 769. See also Treaty, 4th March, 1857, Article IX, page 19.

From "State Papers," Vol. 28, page 125.

ever-enduring Governments of Persia and England, it is agreeable to our favour-dispensing Sublime Majesty, that the servants and dependants of the Ambassadors of the English Government resident at this Court, should live in all confidence and tranquillity, and should at all times be under the shadow of the protection and favour of our Sublime Majesty; therefore in this auspicious year of the Hog, this auspicious Firmaun has been written to this effect, that the servants and dependants of the English Government, whether Persians or natives of other countries, are safe and secure; and under all circumstances, in the same manner as the people of that Government are treated by other Governments, so under this Government also the same treatment will be shown.

Rejeb 5, 1255 (15th September, 1839).

(L.S.)

THE SHAH.

[See amended Firmaun of April, 1840.]

AMENDED FIRMAUN issued by the Shah of Persia, for the Protection of the Servants and Dependants of the British Mission. -April, 1840.

(Translation.)

Let the Governors and authorities of all the country know, that referring to the unity existing between the two mighty Governments of Persia and England, the object of our Royal desire is, that the servants and dependants of the Mission* of the mighty Government of England, who are stationary at the Court of this haughty Government, may, in all confidence and tranquillity of mind, remain under the shadow of the protection of our clemency and Sublime Majesty, and that never, in this God-protected land, in any possible manner, should they be exposed to loss or detriment of any kind in their lives or property.

Therefore this auspicious and happy Firmaun, which all the world obeys, is proclaimed and issued to give notice to the above-mentioned (Governors and authorities), that all the servants and dependants of the English Mission, whether these be Persians or natives of other countries, are, as in times past, in safety and under protection, and that they should rejoice in the kindness and consideration of the Ministers of this haughty State; and should any of these (servants and dependants of the English Government) be guilty of any crime, they shall not be punished without the knowledge of the English Minister.*

Therefore these high personages (the Governors to whom this Firmaun is addressed), fully regarding the amity subsisting

*The words of the Mission do not occur in the Persian copy from which this was translated.

between the 2 great States, must act in conformity to this order; and after having paid obedience to this auspicious Firmaun, let its meaning reach the ears of all the people of the whole country, and let them know that it is imperative.

THE SHAH.

[For the correspondence which passed between the British and Persian Governments with regard to the issue of the Firmauns of 1839 and 1840, see "State Papers," Vol. 28, pages 123 to 147.]

FIRMA UN of the Shah of Persia relating to Bankruptcies, issued for the protection of British Merchants.—May (June), 1844.*

(Translation.)

THIS, that the high in rank (with other usual titles) Hossein. Khan, Adjutant Bashee, Governor of the province of Yezd, honoured and exalted by the increasing favour of His Majesty, may know that the Ministers of the British Government having, from a high sense of justice, certified that, with reference to the property remaining with bankrupts and insolvents, to be proportionately distributed and divided among their creditors, the subjects of the exalted Persian and British Governments, the dependants of that Government (British), shall not on this head receive the slightest favour or distinction; and having at the present time requested, through the medium of their Chargé d'Affaires, His Excellency Colonel Sheil, that suitable regulations comprehended in certain Articles, not incompatible with the religion of Islam, should be passed for the protection of merchants, the dependants of the British Government, from all kinds of deceptions, frauds, and evil designs on the part of the insolvent and fraudulent bankrupt, and His Persian Majesty being earnestly desirous that foreign nations and merchants, the subjects of other States in the protected territories of the Shah in Shah, should be secured from every evil design of the insolvent and fraudulent bankrupt, accordingly these commercial regulations, which have been arranged between the Ministers of the Persian Government and His Excellency Colonel Sheil, the British Chargé d'Affaires, and have received the auspicious approval and approbation of His Majesty, are written and detailed for the information of that high in rank, &c. (Hossein Khan), in the body of this document.

ART. I. All deeds of purchase and sale, bonds, &c., shall henceforth be registered in the respectable (Dewan Khaneh) Courts of Equity in the special dufturs (records), which are

*From "Aitchison's Treaties," Vol. 6, page 399. See also "Hertslet's Treaties," Vol. 9, page 611.

returned by the Governor of each province, sealed with the Government Seal; in the said dufturs all claims should, according to their respective dates and numbers, be entered. The dates and numbers of the dufturs (entries). should also be inscribed on the face of the agreement. The pages of the dufturs should be numbered, and should contain no emendations or erasures.

ART. II. Agreements which have been rendered valid by registry in the large duftur should be again separately written in the Dewan Khaneh in alphabetical order, together with the names of the contracting parties, and a numerical list of the large dufturs be framed.

ART. III. Should there exist in one spot two bonds in the shape of claims for money, which have been duly registered in the Dewan Khaneh, that whose entry in the Dewan Khaneh shall bear the older date shall be first executed. This condition not to supersede those regulations relative to the proportional division of property which are to have effect at the period of bankruptcy.

ART. IV. The registry of agreements is not essential, but bonds which, according to regulation, have been rendered valid by registry in the Dewan Khaneh, shall especially be held of greater validity over external bonds (contracted independently), which shall not be executed until the execution of those bonds which have been duly registered in the Dewan Khaneh shall have taken place; such independently contracted bonds may be brought to and registered in the Dewan Khaneh during the space of one year.

ART. V.* Whoever shall (desire to) sell or place in pledge his immoveable property, shall give into the hands of the purchaser a deed of sale or () transfer; should he not pay the money at the time agreed upon, he shall cause it to be put up to sale, and the Dewan Khaneh, previous to registering and rendering valid such agreement of purchase of sale, shall ascertain that its deed of sale or transfer has been delivered into the hands of the purchaser, and that the said real estate has not been sold nor given in pledge or security to some other person.

ART. VI. The payment of the money of a bond shall not be (considered) proved until both creditor and debtor shall have attached their seals and signatures to the bond that the whole of the money has been received; otherwise, at the time of emergency, it will be necessary to establish the settlement of the debt by producing evidence and making affidavit.

ART. VII. On the death of a debtor, the creditors shall have the right of claiming their money from the heirs of the deceased previous to the maturity of the bond or promissory note, and the heirs to the property of the deceased shall satisfy those claims.

*See also Article XVIII, page 53.